GENERAL TERMS AND CONDITIONS FOR EVENTS (GTC)
I. Scope of Application
- These terms and conditions apply to contracts for the rental use of conference, banquet, and event rooms of the hotel for the purpose of hosting events such as banquets, evening events, seminars, conferences, exhibitions, and presentations, etc., as well as for all related additional services and deliveries provided by the hotel.
- Subletting or re-letting of the provided rooms or areas, as well as invitations to job interviews, sales, or similar events, require the prior written consent of the hotel, whereby § 540 paragraph 1 sentence 2 of the German Civil Code (BGB) is waived insofar as the customer is not a consumer.
- The customer's general terms and conditions shall only apply if expressly agreed in writing.
II. Conclusion of Contract, Contracting Parties, Liability, Limitation Period
- The contract is concluded upon written acceptance by the customer and the hotel; these are the contractual partners.
- If the customer/orderer is not the event organizer itself or if a commercial intermediary or organizer is engaged by the organizer, the organizer shall be jointly and severally liable with the customer for all obligations arising from the contract, provided the hotel has received a corresponding declaration from the organizer.
- The hotel shall be liable for its contractual obligations with the diligence of a prudent businessperson. Claims for damages by the customer are excluded. This does not apply to damages resulting from injury to life, body, or health if the hotel is responsible for the breach of duty, other damages based on intentional or grossly negligent breaches of duty by the hotel, or damages resulting from intentional or negligent breaches of typical contractual obligations by the hotel. A breach of duty by a legal representative or vicarious agent shall be equivalent to a breach by the hotel. Should disruptions or defects in the hotel's services occur, the hotel will endeavor to remedy them upon knowledge or immediate complaint by the customer. The customer is obliged to contribute what is reasonable to remedy the disruption and minimize possible damage. Furthermore, the customer is obliged to inform the hotel in good time of the possibility of exceptionally high damage occurring.
- All claims against the hotel generally become time-barred one year after the statutory commencement of the limitation period. Claims for damages become time-barred after five years, irrespective of knowledge. These reductions in limitation periods do not apply to claims based on intentional or grossly negligent breaches of duty by the hotel.
III. Services, Prices, Payment, Set-Off
- The hotel is obliged to provide the services ordered by the customer and confirmed by the hotel.
- The customer is obliged to pay the agreed or customary prices of the hotel for these and any additional services used. This also applies to services and expenses incurred by the hotel on behalf of the customer to third parties, in particular claims of copyright collecting societies.
- The agreed prices include the applicable statutory value-added tax. If the period between conclusion of the contract and the event exceeds four months and the price generally charged by the hotel for such services increases, the contractually agreed price may be increased appropriately, but by no more than 5%.
- Invoices of the hotel without a due date are payable without deduction within 10 days of receipt. The hotel is entitled to declare accrued claims due at any time and demand immediate payment. In case of default in payment, the hotel is entitled to charge statutory default interest of currently 8% or, in legal transactions involving a consumer, 5% above the base interest rate. The hotel reserves the right to prove higher damages.
- The hotel is entitled to request a reasonable advance payment at any time. The amount and payment dates can be agreed in writing in the contract.
- The customer may only offset or reduce claims against the hotel with undisputed or legally established claims.
IV. Withdrawal by the Customer
- A cost-free withdrawal by the customer from the contract requires the hotel's written consent. If this is not granted, the agreed room rental and services arranged with third parties must be paid even if the customer does not make use of contractual services and re-letting is no longer possible. This does not apply if the hotel breaches its duty to consider the rights, legal interests, and interests of the customer, making adherence to the contract unreasonable, or if another statutory or contractual right of withdrawal exists.
- If a deadline for cost-free withdrawal has been agreed in writing, the customer may withdraw from the contract until then without triggering payment or compensation claims by the hotel. The right of withdrawal expires if it is not exercised in writing before the agreed date, unless an exception applies as stated above.
- If the customer withdraws between the 12th and 6th week before the event, the hotel is entitled to charge 60% of the contract value. If withdrawal occurs from the 6th week onward, 90% of the contract value is due. If services were added or participant numbers increased after conclusion of the contract, the cancellation fee is calculated based on the booked volume at the time of cancellation.
- If a different cancellation period has been contractually agreed, it shall apply instead.
- Savings in expenses are already taken into account in the above provisions. The customer is free to prove that the claim did not arise or not in the demanded amount.
V. Withdrawal by the Hotel
- If a cost-free withdrawal period has been agreed for the customer, the hotel may also withdraw within this period if other customers request the booked event rooms and the customer does not waive their right to withdraw upon inquiry.
- If an agreed advance payment is not made, the hotel is also entitled to withdraw.
- Furthermore, the hotel may withdraw from the contract for objectively justified reasons, for example if:
a) force majeure or other circumstances beyond the hotel's control make fulfillment impossible;
b) events are booked under misleading or false statements of essential facts (e.g., customer or purpose);
c) the hotel has reasonable grounds to assume that the event may endanger operations, safety, or reputation;
d) there is a violation of Section I (2). - In the event of justified withdrawal by the hotel, the customer has no claim for damages.
VI. Changes in Number of Participants and Event Time
- Changes in participant numbers must be communicated at least five working days before the event and require written approval.
- A timely reduction will be taken into account. Later deviations will be based on the originally agreed number. The customer may reduce the price by proven savings.
- If numbers increase, the actual number will be charged.
- If deviations exceed 10%, the hotel may adjust prices and change rooms unless unreasonable for the customer.
- If event times shift and the hotel agrees, additional charges may apply unless the hotel is at fault.
VII. Bringing Food and Beverages
- Customers are generally not allowed to bring their own food and beverages. Exceptions require written agreement and may incur a fee.
VIII. Technical Equipment and Connections
- If the hotel procures equipment from third parties on behalf of the customer, it does so in the customer's name and at their expense. The customer is liable for proper handling and return.
- Use of the customer's own electrical equipment requires written consent. Any resulting damage is borne by the customer unless the hotel is responsible.
- The customer may use their own communication systems with approval; fees may apply.
- Unused hotel equipment may incur compensation.
- Malfunctions will be remedied where possible; payments cannot be withheld unless the hotel is responsible.
IX. Loss or Damage of Brought Items
- Items brought are at the customer’s risk. The hotel assumes no liability except in cases of gross negligence or intent, or injury to life, body, or health.
- Decorations must comply with fire safety regulations. The hotel may demand proof or remove non-compliant items at the customer's expense.
- Items must be removed immediately after the event. Otherwise, removal/storage may be charged.
X. Customer Liability for Damages
- If the customer is an entrepreneur, they are liable for all damages caused by participants, employees, or third parties.
- The hotel may request appropriate security (e.g., insurance, deposits).
XI. Minimum Widths of Escape and Rescue Routes
- Escape and rescue routes must be kept fully usable at all times in the minimum width required under ASR A2.3.
- The required clear minimum width of escape routes, emergency exits, doors along escape routes, and stairways depends on the maximum possible number of persons present at the same time and is defined in accordance with technical regulations as follows:
up to 5 persons: at least 0.875 m
up to 20 persons: at least 1.00 m
up to 200 persons: at least 1.20 m
more than 200 persons: 1.20 m plus 0.60 m for each additional 100 persons - Any reduction in the prescribed minimum width, in particular through the placement of objects, fixtures, furniture, goods, machinery or other equipment, is prohibited. Temporary obstructions are also not permitted.
- The user undertakes to ensure, through organisational or operational measures, that the prescribed minimum widths are maintained at all times.
- In the event of a culpable failure to comply with the prescribed minimum widths, the party responsible shall be liable. If the safe evacuation of persons is impeded by a culpable failure to maintain the minimum widths of escape and rescue routes prescribed by ASR A2.3, and if this results in personal injury or damage to health, the party responsible shall be fully liable for any resulting damage within the framework of the statutory provisions.
- This includes, in particular, damages arising from injury to life, limb or health, as well as any consequential damages resulting therefrom, including medical treatment costs, rehabilitation measures, loss of earnings, claims for compensation for pain and suffering, and other claims for compensation by third parties. Any limitation or exclusion of liability for damages arising from injury to life, limb or health is excluded – insofar as this is not permitted by law.
XII. Final Provisions
- Amendments must be made in writing.
- Place of performance and payment is the hotel’s location.
- Exclusive place of jurisdiction is the hotel’s location where legally permissible.
- German law applies; UN sales law is excluded.
- Maximum permitted noise level is 80 dB; violations may result in fines or termination of the event.
- If any provision is invalid, the validity of the remaining provisions remains unaffected. Statutory provisions apply.